Roberts, Terrance v. Williams, Louis

Filing 29

Transmission of Notice of Appeal, Docketing Statement, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 25 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

DOC NO
RECT/FILED

DOCKETING STATEMENT

?Of `J JAN I I

RE:
Type of Action

nfi 10: 20

PETER ()PPE: .
CLERK US DT
t.

X Civil
Criminal/Prisoner
Cross Appeal

District THE WESTERN DISTRICT OF WISCONSIN
Judge BARBARA B. CRABB
District Court Docket Number 16-cv-541 -bbc
Statute or other authority establishing jurisdiction in the
District Court 18 U.S.C. §3231 & 28 U.S.C. §2241._
Court of Appeals 28 U.S.C. §1291 & 28 U.S.C. §2241
A.

Timeliness of Appeal
1.
2.
3.
4.
5.

B.

Date of entry or judgment or order appealed from 12 /12/17
Date this notice of appeal filed 1/ 9 /18
NA
If cross appeal, date first notice of appeal filed
Filing date of any post-judgment motion filed by any party which tolls time under
NA
FRAP 4 (a) (4) or 4 (b)
NA
Date of entry of order deciding above post-judgment motion
NA
Filing date of any motion to extend time under FRAP 4(a) (5) or 4 (b)
NA
Time extended to

Finality of Order of Judgment
1.

Is the order or judgment appealed from a final decision on the merits?
yes ( X )
no( )
2. If no, a) did the district court order entry of judgment as to less than all claims or all
parties pursuant to FRCP 54 (b)? yes ( )
no ( )
b) is the order appealed from a collateral or interlocutory order reviewable under any
exception to the finality rule? yes ( )
no ( )
(Criminal ONLY)
3. Has the defendant been convicted? yes ( )
no ( )
4. Has a sentence been imposed? yes ( )
no ( )
5. Is the defendant incarcerated? yes ( )
no ( )

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C.

Has this case previously been appealed? yes ( )

no OK )

If yes, give the case name, docket number, and disposition of each prior appeal on a
separate sheet.
D.

Are any related case or cases raising related issues pending in this court, any district court
of this circuit, or the Supreme Court? yes ( )
no (X )
If yes, cite the case and the manner in which it is related on a separate sheet.

E.

State the nature of the suit, the relief sought, and the outcome below.
See attached

F.

Issues to be raised on appeal. Attach one additional page if necessary.
See attached

G.

Is settlement being discussed? yes ( )

H.

Is disposition on motions, memoranda, or an abbreviated briefing schedule appropriate?
yes( )
no (X )

no ( X )

If yes, explain on a separate sheet.
Is oral argument necessary? yes ( )

no (X )

I.

Were there any in-court proceedings below? yes ( )

J.

List each adverse party to the appeal. Attach additional sheets if necessary. If no
attorney, give address and telephone number of the adverse party.
1.

no frC )

Adverse party R. Marques
Jeffrey M. Anderson, AUSA
Attorney
Address 222 West Washington Avenue, Suite 700 Madison, WI
53 /03
Telephone [phone]

2.

Adverse party
Attorney
Address
Telephone

K.

Appellant(s) Name Terrance Roberts
If incarcerated, give identification number #09146-041
Address (if incarcerated, give institution address) Sands tone-IrCI
P.O. Box 1000 Sandstone, MN 55072
Telephone

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DOCKETING STATEMENT

E.
I, Terrance Roberts, am a federal prisoner who filed a
pltition for a writ of habeas corpus under 28 U.S.C. §2241
to raise an actual innocence claim for my convictions of

in

money laundering and conspiracy to commit money laundering
after the United States Supreme Court's decision in United
States v. Santos, 553 U.S 507(2008), determined ambiguous the
term "proceeds," as defined in 18 U.S.C. §1956, and that
"proceeds" should be defined as "profits." As a result, I was
convicted of a non-existing offense, and I sought vacation
of my convictions for those offenses. After concluding that
I met the procedural requirements for filing a §2241 petition,
the District Court determined that Santos does not apply to
my convictions and dismissed the case.

F. Whether, according to Eighth circuit law, Santos does not apply
to this case.
Whether a merger problem exists.
Whether the District:Court misapplied the law of the Eighth
Circuit regarding Santos.

L.

Attorney or pro se litigant filing Docketing Statement

Rill

1(0

Will you be handling the appeal? (In criminal cases, counsel below will handle the appeal
unless relieved by this court.)
Name Terrance Roberts
Attorney ( )

yes ( X)

no( )

Prose (X)

Firm
Address
Telephone

If this is a joint statement by multiple appellants, add the names and addresses of other
appellants and counsel joining in this Docketing Statement on an additional sheet, accompanied
by a certification that all petitioners or applicants concur in this filing.

Signature
Date

ATTACH:
1.
2.
3.
4.

//q/it

Additional pages, if any containing extended answers to questions on this form.
A copy of the order or judgment from which the appeal is taken.
Copy 1 of the transcript order, if any.
A Certificate of Service.

F-23